Paternity refers to the identity of a child’s legal father. South Carolina provides several ways for a father to establish paternity, including filing a paternity suit if necessary. If a parent needs to establish paternity, hiring an experienced family law attorney can give them the best chance of achieving the outcome they desire.
Our family law attorneys at Minor Law Divorce Lawyers have provided individuals and families in South Carolina with compassionate legal advice and support for almost a decade. Our lawyer has extensive experience in all areas of family law, including paternity cases.
Contact our law office today or call at (803) 504-0971 to schedule a confidential consultation with our York County paternity lawyer.
How Minor Law Divorce Lawyers Can Help You with a Paternity Case in South Carolina
Establishing paternity is the first step in a paternity suit. Once you identify the child’s father, you may need to deal with issues such as child support, child custody, and visitation. Therefore, you want to hire a paternity attorney who is also experienced with all family law matters related to children.
When you hire our York County family law attorneys to handle your paternity case, you can rest assured we will:
- Explain South Carolina’s paternity laws and how those laws impact your case
- Offer objective legal advice to help you determine what is in your and your child’s best interests
- Answer questions and assist you in determining your priorities for a paternity suit
- Use mediation and negotiation to resolve matters outside of court whenever possible
- File a paternity suit and handle all paperwork and legal proceedings
- Aggressively argue your position in court if necessary to resolve the matter
Attorney Donae Minor is a fierce advocate for her clients. She has extensive experience in family law, equipping her to handle the most complex legal matters. The National Black Lawyers included her in their Top 40 Under 40 list. She has top ratings and is well-respected in the legal community.
Call us today to request a confidential consultation to discuss your situation with an experienced York County paternity lawyer.
How Is Paternity Established in York County, SC?
South Carolina paternity laws state that unless there is a court order to the contrary, the custody of an illegitimate child (i.e., a child born out of wedlock) is solely in the natural mother. In other words, the biological father does not have any legal rights to the child unless paternity is established.
There are four ways to determine paternity in South Carolina:
Paternity Assumed at Birth
A child born to a married couple is presumed to be the natural child of both parents. Unless proven otherwise, the husband is presumed to be the child’s biological father. If someone disputes paternity, they must file a paternity suit to challenge paternity.
Presumed Paternity for Recently Divorced Couples
The law presumes an ex-husband is the child’s biological father if the child is born less than 280 days after a couple divorces. If either party disputes paternity, they must petition the court for a genetic test to override the presumption the ex-husband is the child’s legal father.
Voluntary Paternity Acknowledgment
The parents of a child born out of wedlock can sign a Paternity Acknowledgment form establishing a man is the child’s legal father. The man’s name is added to the child’s birth certificate as the child’s legal father.
Many couples sign the form at the hospital when the child is born. If there is doubt about paternity, the couple might pay for a genetic test to confirm paternity before signing the form.
Paternity Lawsuit
If you need to establish paternity and the other parent refuses to cooperate or disputes paternity, you can file a paternity suit with the family court. The law gives the following parties standing to file a paternity suit in South Carolina:
- A child
- The child’s natural mother
- Any person in whose care the child has been placed
- The Department of Social Services or other authorized agency
- A man who claims to be the child’s father
Generally, the court orders the parties to submit to genetic testing to confirm the child’s biological father. DNA testing is 99.9% accurate in determining a child’s parents. The court issues an order naming the man as the child’s legal father if the DNA test shows the man is the child’s biological father.
Does Paternity Automatically Grant a Father Custody and Visitation?
Establishing paternity does not automatically grant the father custody rights when a couple is unmarried. Instead, the father must petition the court requesting custody and visitation rights.
The court bases custody decisions in paternity cases the same way as it does in all child custody cases. The judge determines what is in the child’s best interest for custody and time-sharing. Parents are encouraged to develop a parenting plan that works for their family, but the court decides for them if they cannot agree on custody terms.
Benefits of Establishing Paternity in South Carolina
In addition to receiving custody and visitation rights, establishing paternity benefits the child and the parents. Benefits of determining paternity include:
- The father has a legal right to make decisions for the child unless the court grants sole custody to the mother
- No one can legally adopt the child without notifying the father
- The custodial parent can receive child support from the other parent
- The child has access to a father’s medical information
- Paternity gives a child intestate inheritance rights and rights to the father’s Social Security and other government benefits
An attorney can review all the benefits of establishing paternity with their client. If you have questions about paternity rights, seeking legal advice is the best way to obtain the information you need.
Do You Need Help with a Paternity Matter in South Carolina?
We handle all types of family law cases in York County, South Carolina, including paternity cases. Call Minor Law Divorce Lawyers to speak with a York County paternity lawyer. Your consultation is private and confidential.